FULL RECOMMENDATION
INDUSTRIAL RELATIONS ACTS, 1946 TO 2004 SECTION 13(9), INDUSTRIAL RELATIONS ACT, 1969 PARTIES : WYETH NUTRITIONALS - AND - A WORKER DIVISION : Chairman: Mr Duffy Employer Member: Mr Grier Worker Member: Ms Ni Mhurchu |
1. Appeal of Rights Commissioner's Recommendation IR13479/03/MR.
BACKGROUND:
2. In March, 1993, the Company and SIPTU concluded the Agreement on the Future Competitiveness Plan (F.C.P.). Prior to the agreement, extensive discussions had taken place in 1992/1993, including a grading structure proposed by the Company. The Union put the proposed structure to its members but it was rejected by them. Following a conciliation conference with the Labour Relations Commission (LRC) in February, 1993, the following Clause (7c) was inserted in F.C.P.
The Company's offer was made on the basis of the existing grading structure and, consequently, any future claims based on skills and responsibility are excluded until after September, 1994. Notwithstanding this however, both sides agree to attempt to resolve any disagreements on methodology for devising a grading scheme before September 1994. This commitment is acknowledged as being without prejudice to any negotiations that may, or may not, take place on the issue of introduction of any new grading structure and is made in acknowledgement of the Company's stated position that any such negotiations take place, after September 1994, within the parameters of any local wage negotiations or national agreement in place at that time.
No negotiations about a new grading structure took place after September, 1994. In July, 2000, the worker raised a grievance that the terms of the above paragraph had not been adhered to. (He does, however, accept that the grading issue had been resolved in 2004.)
The dispute was referred to a Rights Commissioner and his recommendation was as follows:-
"I therefore formally recommend that the worker should accept that the grievance which he raised with the Company in 2000 arising from the events of 1993 and 1994 should now be regarded as having been resolved by the recent discussions and negotiations between the Company and SIPTU on, inter alia, a new grading structure."
(The worker was named in the Rights Commissioner's recommendation)
The worker appealed the recommendation to the Labour Court on 23rd of March, 2004, in accordance with Section 13(9) of the Industrial Relations Act, 1969. A Labour Court hearing took place on the 26th of May, 2004, in Limerick.
WORKER'S ARGUMENTS:
3. 1. The parties did not agree between February 1993 and March 1994 not to undertake to resolve the issues. The Rights Commissioner accepted that talks did not take place as intended, therefore, the terms of the Agreement were not adhered to within the time agreed.
COMPANY'S ARGUMENTS:
4. 1. The Company's proposals during F.C.P. were rejected by the Union's members and it was agreed that the existing grading structure should remain.
2. Clause 7(c) of F.C.P. recognised that the Company, while not ruling out discussions on a new grading structure, was not prepared to enter negotiations on such a new structure prior to September, 1994.
3. The Union stated in 2001 that it wished to enter discussions on a new grading structure and, following discussions at the LRC, agreement was reached and implemented in February, 2004.
DECISION:
The Court is satisfied that the conclusions reached by the Rights Commissioner are reasonable and appropriate having regard to the facts of the case.
Accordingly, the Court affirms the recommendation of the Rights Commissioner and the appeal is disallowed.
Signed on behalf of the Labour Court
Kevin Duffy
23rd June, 2004______________________
CON/MB.Chairman
NOTE
Enquiries concerning this Decision should be addressed to Ciaran O'Neill, Court Secretary.